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The law on strict product liability in New York is that a manufacturer, wholesaler, distributor or retailer who sells a product in a defective condition is liable for injury which results from the use of the product. Family members may file a wrongful death claim on behalf of a loved one whose death resulted from a defective product. If you need assistance in assembling a product liability case, please read on, then contact one of our experienced Westchester County product liability attorneys to learn about proving your defective product injuries claim in New York.

How do you prove your defective product injuries claim in New York?

When determining whether a product’s condition was defective, a jury will have to consider the following:

  • Loss: Did the plaintiff prove they suffered an actual injury or property loss as a result of using a product?
  • Defect or failure to warn: Did the plaintiff prove that the product was defectively designed, defectively manufactured or that the manufacturer knew or should have known of risks and failed to warn consumers?
  • Proximate cause: Did the plaintiff show that the defect proximately caused the injury?
  • Product used as intended: Did the plaintiff show that he or she was using the product as the manufacturer intended it to be used or in a way that a manufacturer could expect a reasonable person to use it?

What do you to prove in your defective product injuries claim in New York?

All of your evidence will have to attest to either a defective manufacture, defective design or failure to provide adequate warnings or instructions concerning the proper use of the product. For this, you should reach out to one of our skilled Westchester County personal injury attorneys to discuss your next steps.

What can a Westchester County personal injury attorney do for you?

A qualified legal representative will help you prove your case in court, by collecting and presenting evidence of injury, death or property loss to demonstrate the existence of the defect, such as medical records, police reports and eye witness testimonies. He or she will fully apprise you of your rights and responsibilities as well as give you an honest assessment of the strengths and weaknesses of your case. Our firm will also help you prepare for trial if that should prove necessary. The defendants will do everything in their power to deny you the compensation you deserve. Let us fight for you and your future.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.